Aprecierea probelor din perspectiva noilor reglementări procesuale
The appreciation of the problems from the perspective of the new procedural regulations

Summary/Abstract: At a first sight, the institution of appointing another court for judging a cause is not susceptible to raise problems of practical nature. However, analyzing more profoundly this institution, especially through reporting to it’s confluence with the institution of the rights and freedoms judge, we may observe that some problems are raised. Thus, the judicial dilemma appears in the moment of establishing the rights and freedoms judge which follows giving the solution of the requests and proposals of it’s competence in the stage of the prosecution, after which, previously, The High Court of Cassation and Justice, respectively the competent court of appeal, has given a solution in favour of the prosecutor’s request of appointing another court for judging the case than the one that the competence returns to judge the case in the first instance, this from the last one being able to refer to in the case in which it will be issued the indictment. It will be the rights and freedoms judge within the fresh appointed court that will judge the case in first instance, the latter being able to be referred to in the case in which it will be issued the indictment. It will be the judge of rights and freedoms within the newly appointed court or within the old instance labeled as being stained of partiality?We have the opinion that for the first variant, however finding the answer isn’t exactly lacked of analytical efforts, after which it will be observed the present study.

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